[Federal Register Volume 76, Number 12 (Wednesday, January 19, 2011)]
[Notices]
[Pages 3175-3176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-954]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration

[OMB Control No. 1219-0048]


Proposed Extension of Existing Information Collection; Respirator 
Program Records

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice of request for public comments.

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SUMMARY: The Department of Labor, as part of its continuing effort to 
reduce paperwork and respondent burden, conducts a pre-clearance 
consultation program to provide the general public and Federal agencies 
with an opportunity to comment on proposed and continuing collections 
of information in accordance with the

[[Page 3176]]

Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)). This program 
helps to assure that requested data can be provided in the desired 
format, reporting burden (time and financial resources) is minimized, 
collection instruments are clearly understood, and the impact of 
collection requirements on respondents can be properly assessed. 
Currently, the Mine Safety and Health Administration (MSHA) is 
soliciting comments concerning the extension of the information 
collection for Respiratory Protection Program Records under 30 CFR 
56.5005 and 57.5005.

DATES: All comments must be postmarked or received by midnight Eastern 
Standard Time on March 21, 2011.

ADDRESSES: Comments must be identified clearly with the rule title and 
may be submitted to MSHA by any of the following methods:
    (1) Electronic mail: [email protected].
    (2) Facsimile: 202-693-9441.
    (3) Regular Mail: MSHA, Office of Standards, Regulations, and 
Variances, 1100 Wilson Boulevard, Room 2350, Arlington, VA 22209-3939.
    (4) Hand Delivery or Courier: MSHA, Office of Standards, 
Regulations, and Variances, 1100 Wilson Boulevard, Room 2350, 
Arlington, VA 22209-3939. Sign in at the receptionist's desk on the 
21st floor.

FOR FURTHER INFORMATION CONTACT: Mario Distasio, Chief of the Economic 
Analysis Division, Office of Standards, Regulations, and Variances, 
MSHA, at [email protected] (e-mail), 202-693-9445 (voicemail), 
202-693-9441 (facsimile).

SUPPLEMENTARY INFORMATION:

I. Background

    Section 101(a)(7) of the Federal Mine Safety and Health Act of 1977 
mandates in part that mandatory standards prescribe the use of 
protective equipment where appropriate to protect miners against 
hazards. Where protective equipment or respirators are required because 
of exposure to harmful substances, MSHA must assure that such equipment 
offers adequate protection for workers. A written respiratory 
protection program that addresses such issues as selection, fitting, 
use, and maintenance of respirators is essential for ensuring that 
workers are properly and effectively using the equipment.
    Title 30 CFR 56.5005 and 57.5005 require metal and nonmetal mine 
operators to institute a respiratory protection program governing 
selection, maintenance, training, fitting, supervision, cleaning, and 
use of respirators. The primary objective is to prevent atmospheric 
contamination, and thus, those occupational diseases caused by 
breathing air contaminated with harmful dusts, fumes, mists, gases, or 
vapors. Mine operators are required to control atmospheric 
contamination using feasible engineering control measures. When 
effective controls are not feasible, or while they are being 
implemented or installed, or during occasional entry into hazardous 
atmospheres to perform maintenance or investigations, miners are to use 
appropriate respirators in accordance with established procedures and 
an effective respiratory protection program.
    Sections 56.5005 and 57.5005 incorporate by reference requirements 
of the American National Standards Institute's Practices for 
Respiratory Protection (ANSI Z88.2-1969). These incorporated 
requirements mandate that miners who must wear respirators be fit-
tested to the respirators that they will use. Certain records are 
required to be kept in connection with respirators, including records 
of the date of fit-testing and issuance of the respirator, and a record 
of the fit-test results. The fit-testing records are essential for 
determining that the worker is wearing the appropriate respirator.
    The mine operator uses the respiratory protection program 
procedures and records to issue appropriate respiratory protection to 
miners when feasible engineering and/or administrative controls do not 
reduce the exposure to permissible levels. Fit-testing records are used 
to assure that a respirator worn by an individual is the one for which 
that individual received a tight fit. MSHA uses the information to 
determine compliance with the standard.

II. Desired Focus of Comments

    MSHA is particularly interested in comments that:
     Evaluate whether the collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information has practical utility;
     Evaluate the accuracy of the agency's estimate of the 
burden of the collection of information, including the validity of the 
methodology and assumptions used;
     Enhance the quality, utility, and clarity of the 
information to be collected; and
     Minimize the burden of the collection of information on 
those who are to respond, including the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submissions of responses.
    A copy of the information collection request can be obtained by 
contacting the person listed in the FOR FURTHER INFORMATION CONTACT 
section of this notice, or viewed on the Internet by selecting ``Rules 
& Regs'', and then selecting ``FedReg.Docs''. On the next screen, 
select ``Paperwork Reduction Act Supporting Statement'' to view 
documents supporting the Federal Register notice.

III. Current Actions

    This notice contains the request for an extension of the existing 
collection of information in 30 CFR 56.5005 and 57.5005. MSHA does not 
intend to publish the results from this information collection and is 
not seeking approval to either display or not display the expiration 
date for the OMB approval of this information collection.
    There are no certification exceptions identified with this 
information collection and the collection of this information does not 
employ statistical methods.
    Type of Review: Extension.
    Agency: Mine Safety and Health Administration.
    OMB Number: 1219-0048.
    Frequency: On Occasion.
    Affected Public: Business or other for-profit.
    Cost to Federal Government: No cost to Federal Government.
    Total Burden Respondents: 400.
    Total Number of Responses: 7,200.
    Total Burden Hours: 2,898 hours.
    Total Hour Burden Cost (operating/maintaining): $173,098.
    Comments submitted in response to this notice will be summarized 
and included in the request for Office of Management and Budget 
approval of the information collection request; they will also become a 
matter of public record.

    Dated: January 12, 2011.
Patricia W. Silvey,
Certifying Officer.
[FR Doc. 2011-954 Filed 1-18-11; 8:45 am]
BILLING CODE 4510-43-P